The Government Minute in response to the Report
No. 30 of the Public Accounts Committee dated February 1999

(to be presented by Chief Secretary for Administration, who will address the Council)

3. No. 126

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The Government Minute in response to the Report
No. 31 of the Public Accounts Committee dated February 1999

(to be presented by Chief Secretary for Administration, who will address the Council)

IA. Addresses

Hon Margaret NG, Hon LEE Cheuk-yan, Hon Albert HO and Secretary for the Treasury to address the Council separately on the Public Revenue Protection (Revenue) Order 1999, which is subsidiary legislation laid on the Table of the Council on 31 March 1999.

II. Questions

1. Hon LEE Wing-tat to ask: (Translation)

Will the Government inform this Council:

of the policies and criteria adopted by the Immigration Department ("ID") for processing entry visa applications from the holders of "US re-entry permits" and Chinese passports;

of the reasons for the ID's rejection last month of the entry visa applications by 11 holders of "US re-entry permits" and Chinese passports, who had planned to attend an international seminar in Hong Kong; and whether, in making such a decision, the ID has considered if the refusal of these persons' entry into Hong Kong would produce any negative effects on the image of Hong Kong internationally; and

whether the entry policies of Hong Kong before and after the reunification with China are consistent; if so, why some of the 11 persons in question who had been allowed entry into Hong Kong before the reunification are now denied entry visas by the ID; if not, the details of that?

Public Officer to reply : Secretary for Security

2. Hon LEE Cheuk-yan to ask: (Translation)

The Government has suspended the appointment of civil servants on pensionable terms with effect from 1 April this year; instead, staff are recruited on contract terms. In this connection, will the Government inform this Council of:

the entry points and pay and condition packages ("the remunerations") of contract staff of various grades to be recruited by various government departments; how the remunerations for such staff compare with those of civil servants on pensionable terms; and

the criteria adopted for determining the remunerations of contract staff employed by government departments?

Public Officer to reply : Secretary for the Civil Service

3. Hon CHAN Wing-chan to ask: (Translation)

Regarding the measures to support the development of Chinese medicine in Hong Kong, will the Government inform this Council whether it has any plans:

to employ public funds to train Chinese medicine dispensers; if so, the details of it; if not, the reasons for that; and

to amend the Employment Ordinance (Cap. 57) to provide for the acceptance of the medical certificates issued by recognized Chinese medicine practitioners as valid documents for the purpose of sick leave certification; if so, the timing for the introduction of the amendment bill into this Council; if not, the reasons for that?

Public Officer to reply : Secretary for Education and Manpower

4. Hon MA Fung-kwok to ask: (Translation)

Regarding the elimination of the activities of manufacturing and selling pirated audio and visual products, will the Government inform this Council:

of the number of operations jointly conducted by the Police and the Customs and Excise Department to clamp down the manufacture and sale of pirated goods in each of the past twelve months, and the outcome of these operations; if no joint operations have been conducted, the reasons for that;

whether it knows if the sale of pirated audio and visual products is manipulated behind the scenes by criminal syndicates; and

whether on completion of an initial analysis of the views expressed by the public in response to the consultation paper on "Combating Intellectual Property Rights Infringement", it will consider extending the application of the Organized and Serious Crimes Ordinance (Cap. 455) to the sale of pirated goods under the manipulation of criminal syndicates?

Public Officer to reply : Secretary for Trade and Industry

5. Hon YEUNG Yiu-chung to ask: (Translation)

It is reported that there are kindergartens found to be operating without registration, over-enrolled and over-charging tuition fees and incidentals. In this connection, will the Government inform this Council:

of the number of complaints received by the Education Department ("ED") in each of the past three years involving a breach of the stipulations for operating kindergartens, and whether the ED has investigated such complaints; if so, the results of the investigations;

whether it has assessed the adequacy of the ED's supervision over kindergartens, and if there is any maladministration on the part of the ED in handling those cases; and

of the measures taken by the ED to prevent the recurrence of similar incidents?

Public Officer to reply : Secretary for Education and Manpower

6. Hon CHAN Yuen-han to ask: (Translation)

With regard to the protection of patients' rights, will the Government inform this Council whether it has plans to:

introduce legislation requiring all medical services providers to issue to their patients receipts with details of the charges; and

conduct a study on the introduction into Hong Kong the system of "separation of prescribing and dispensing" across-the-board; if it has such plan, the time-table of that; if not, the reasons for that?

Public Officer to reply : Secretary for Health and Welfare

*7. Hon David CHU to ask: (Translation)

It is reported that China is expected to join the World Trade Organisation this year, and the China market will consequently open up at a higher speed. The Chief Executive also advises that Hong Kong should take a head start to get well prepared, with a view to gaining new edges. In this regard, will the Government inform this Council:

whether it will consider negotiating with the Central People's Government the establishment of a joint working group to study how the Hong Kong Special Administrative Region and the Mainland can enhance economic and trading co-operation under the new circumstances; and

whether it will consider establishing an organisation dedicated to studying the problems encountered by the small and medium enterprises while doing business in the Mainland and soliciting their views and suggestions, and relaying such views and suggestions to the departments concerned in the Central People's Government?

Public Officer to reply : Secretary for Trade and Industry

*8. Hon Andrew CHENG to ask: (Translation)

Regarding the work of the Task Force on Admission of Talents, will the Government inform this Council:

of the terms of reference and action plans of the Task Force; and

whether the Task Force will make decisions on the categories of scientific researchers and specialised technical personnel to be admitted into Hong Kong, as well as the number of admissions in each category; if so, the criteria on which the decisions to be made by the Task Force will be based?

Public Officer to reply : Secretary for Security

*9. Hon Kenneth TING to ask: (Translation)

It is reported that a number of trainees in a full-time retraining course were found to have supplied false information on their academic qualifications so as to get enrolled and hence receive a monthly retraining allowance of $4,000 while attending the course. In this connection, will the Government inform this Council:

whether any penalty has been imposed on those trainees who were proved to have supplied such false information; if so, of the penalty imposed; if not, the reasons for that; and of the measures in place to prevent the recurrence of similar incidents;

of the criteria used in setting the amount of the retraining allowance and whether it has assessed if the amount is excessive; and

how the retraining course in question compares with other training courses subsidized by the Employees Retraining Board in terms of resources input and results achieved?

Public Officer to reply : Secretary for Education and Manpower

*10. Hon WONG Yung-kan to ask: (Translation)

In order to conserve fisheries resources, the Central People's Government will enforce a "mid-summer fishing moratorium" in South China Sea from 1 June to 31 July, banning all fishing operations in the said waters during the two-month period. In this connection, will the Government inform this Council:

whether it knows the details of the moratorium to be enforced by the Central People's Government;

whether it has plans to discuss with the Central People's Government the possibility of deferring the implementation of the moratorium, so as to avoid causing local fishermen economic hardship; and

whether it will offer assistance to local fishermen affected by the moratorium, such as by:

allowing those fishermen who have obtained loans from the Agriculture and Fisheries Department to defer the repayment of loans; and

negotiating with banks or other financial institutions in Hong Kong, to see if those fishermen who have obtained loans from these institutions may be allowed to defer the repayment of loans;

if not, the reasons for that?

Public Officer to reply : Secretary for Economic Services

*11. Dr Hon LUI Ming-wah to ask: (Translation)

In November last year, three private sector venture capital firms were appointed to manage Government's Applied Research Fund and approve investment proposals. In this connection, will the Government inform this Council:

of the names of the companies which have obtained funding approval from the venture capital firms, the nature of the investments involved and the amounts of funds granted;

whether it knows if the Applied Research Council's Board of Directors have any direct or indirect business relations with the companies receiving funding support from the Fund;

whether it knows if the staff or former staff of these venture capital firms have any direct or indirect business relations with the companies receiving funding support from the Fund; and

whether these venture capital firms have released a list of companies receiving funding support and the relevant information on a quarterly basis; if not, what the reasons are?

Public Officer to reply : Secretary for Trade and Industry

*12. Hon NG Leung-sing to ask:

In accordance with the Decision of the Standing Committee of the National People's Congress on the English Text of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, in case of discrepancy between the English text and the Chinese text in the implication of any words used, the Chinese text shall prevail. In this connection, will the Government inform this Council:

whether it has assessed if it is necessary, for the purpose of ascertaining the true meaning of the provisions of the Basic Law, for the judge(s) presiding in a case involving the interpretation of the Basic Law to possess the language skill to understand and analyze the Chinese text of the Basic Law; and

of the measures it has taken to ensure that judges at all levels of courts hearing cases involving the interpretation of the Basic Law do possess the necessary language skill?

Public Officer to reply : Chief Secretary for Administration

*13. Hon LAW Chi-kwong to ask: (Translation)

Will the Government inform this Council of the number of Comprehensive Social Security Assistance ("CSSA") recipients aged 60 or above whose CSSA payments include rent allowances, and the total amount of such allowances granted to these recipients in the past year?

Public Officer to reply : Secretary for Health and Welfare

*14. Hon Mrs Sophie LEUNG to ask: (Translation)

Will the Government inform this Council of the measures already taken by the authorities to minimize as far as possible the destruction caused by the reclamation works to Victoria Harbour as a natural resource?

Public Officer to reply : Secretary for Planning, Environment and Lands

*15. Hon Fred LI to ask: (Translation)

It is reported that since 1 April 1999, the operation of all three open-air public carparks in Lei Yue Mun has been contracted out to one single operator, who has subsequently significantly raised the parking fee for the evening session from $15 to $35 per hour, and that the tourism industry in the area and the livelihood of both the shop operators and the residents have hence been seriously affected. In this connection, will the Government inform this Council:

of the reasons for contracting out the operation of all open-air carparks in the area to one single operator, and whether the selection of carpark operator was based solely on the criterion of accepting the highest bid;

before deciding to contract out the operation of all open-air carparks in the area to one single operator, whether it has considered the impact of such decision on the tourism industry in the area, given that Lei Yue Mun is an internationally famous tourist spot; if not, the reasons for that;

whether it has assessed if the decision to contract out the operation of all open-air carparks in the area to one single contractor has violated the principle of fair competition; and

of the actions to be taken to address the above-mentioned situation of monopolized operation of carparks, and to solve the problems arising therefrom?

Public Officer to reply : Secretary for Planning, Environment and Lands

*16. Hon CHEUNG Man-kwong to ask: (Translation)

The retirement age for civil servants, employees of public and public-funded organizations is generally 60 whereas the minimum age requirement for various welfare schemes available to the elderly, including the Senior Citizen Card Scheme, is 65. As such, retired persons aged between 60 to 64 are not fully entitled to the concessions provided under the schemes. In this connection, will the Government inform this Council:

how the term "senior citizen" is defined under the various welfare schemes; the criteria adopted by the Administration in defining the term;

whether the Administration will consider lowering the minimum age requirement for the various schemes to 60, so that all retired persons are fully entitled to the concessions provided under the various schemes; if not, the reasons for that; and

of the minimum age requirements set by each and every welfare scheme available to the elderly at present; if there is inconsistency among such age limits, the reasons for such inconsistency?

Public Officer to reply : Secretary for Health and Welfare

*17. Hon Emily LAU to ask:

It is reported that many High Court judges will be leaving the Judiciary in the coming months. In this connection, will the Administration inform this Council:

of the respective numbers of judges who left the Judiciary in the last six months before reaching the retirement age and those who will be leaving in the next six months, and whether the Administration knows the reasons for their doing so;

of the cut-backs in employment benefits in the Judiciary that took place in the last 12 months or will soon take place;

whether it has assessed if such cut-backs are regarded as a disincentive for remaining on the Bench by judges and by potential candidates for accepting appointment as judges; and

whether it has assessed if the morale of judicial officers has been adversely affected by recent incidents such as personal attacks on them and the row over the Court of Final Appeal's judgements on the right of abode issue?

Public Officer to reply : Chief Secretary for Administration

*18. Dr Hon David LI to ask:

It is reported that a total of 432 hill fires had razed more than 800 hectares of vegetation in the countryside during the last Ching Ming Festival, and most of the fires were caused by careless grave sweepers. In this connection, will the Government inform this Council:

of the number of hill fires which broke out during the Ching Ming Festival in each of the past three years; and

whether the Government will consider prosecuting grave sweepers who, due to their careless disposal of burning offerings, cause hill fires?

Public Officer to reply : Secretary for Security

*19. Hon Christine LOH to ask:

Will the Administration inform this Council of the actions taken by the University Grants Committee and the various tertiary institutions to encourage Hong Kong studies in all fields of academic researches, and their published guidelines for the promotion of such studies?

Public Officer to reply: Secretary for Education and Manpower

*20. Hon LAU Kong-wah to ask: (Translation)

Some insurance companies have reportedly informed their motor vehicles insurance clients that their existing insurance policies do not cover the accidents and damage that may be caused by the millennium bug problem on their vehicles, and that these clients are not entitled to compensation for such accidents and damage. In this connection, will the Government inform this Council:

whether it has assessed the impact of the millennium bug problem on the safe performance of motor vehicles; if so, the results of the assessment; and

whether a study will be conducted to see if it is against the law for the insurance companies to not offer compensation for accidents and damage that may be caused by the millennium bug problem on vehicles; if so, the specific timetable for conducting such a study; if not, the reasons for that?

Public Officer to reply: Secretary for Information Technology and Broadcasting

* For written reply.

IV. Bills

First Reading

1. Adaptation of Laws (No.11) Bill 1999
2. Trade Marks Bill

Second Reading (Debates to be adjourned)

1. Adaptation of Laws (No.11)
Bill 1999

:

Secretary for Trade and Industry

2. Trade Marks Bill

:

Secretary for Trade and Industry

IV. Members' Motions

1. Consultancy Report on Health Care Financing

Dr Hon LEONG Che-hung:

That this Council urges the people of Hong Kong to respond positively to the report, "Improving Hong Kong's Health Care System: Why and For Whom?", so as to push a reform of our health care policies and structure that can be sustained in the next century; assure affordable, accessible and equitable quality care for the public; and build up Hong Kong as a healthy community.

Amendment to Dr Hon LEONG Che-hung's motion

Hon Michael HO:

To delete "the people of Hong Kong to respond positively to the report, "Improving Hong Kong's Health Care System: Why and For Whom?"," after "That this Council urges" and substitute with "the Government to thoroughly review and overhaul Hong Kong's public and private health care policies, their structures and modes of service delivery, including: (a) establishing an independent complaints office with adequate public participation; (b) establishing a mechanism for public participation in quality audit, so as to ensure the quality of services provided by public and private hospitals; (c) reviewing the structure and monitoring systems of the Hospital Authority with a view to enhancing its accountability to the public; and (d) reviewing the role of the Department of Health and strengthening its work on health promotion and disease prevention, in order to enhance the public's knowledge in hygiene and health care,"; to add "at the same time, the Government should consider developing a long term health care financing system" after "so as to push a reform of our health care policies and structure that can be sustained in the next century;"; to add ", discard the present professional-led mode of practice, provide the public with the right to choose the service providers freely" after "to assure affordable, accessible and equitable quality care for the public"; and to add "; furthermore, upon the expiry of the consultation period of the consultancy report, "Improving Hong Kong's Health Care System: Why and For Whom?", the Government should conduct specific consultation on the above recommendations; this Council also urges the people of Hong Kong to respond positively to the report" after 弌nd build up Hong Kong as a healthy community".

Amendment to Hon Michael HO's amendment

Hon CHAN Yuen-han:

To delete "office" from "establishing an independent complaints office with adequate public participation" and substitute with "committee"; to delete "ensure" from "so as to ensure the quality of services provided by public and private hospitals" and substitute with "monitor"; to add "and cost-effectiveness" after "reviewing the structure and monitoring systems of the Hospital Authority with a view to enhancing its accountability to the public"; to delete "and" from "with a view to enhancing its accountability to the public; and"; to add "," after "reviewing the role of the Department of Health"; to delete "and" from "and strengthening its work on health promotion and disease prevention,"; to insert "and supervising" before "its work on health promotion and disease prevention,"; and to add "; (e) reviewing and establishing the proper role and position of the public health care system; (f) granting tax allowance for contribution to private medical insurance; and (g) examining the feasibility of promoting a network of family doctors" after "in order to enhance the public's knowledge in hygiene and health care".

Public Officer to attend: Secretary for Health and Welfare

2. Reforming the securities and futures markets

Hon Ambrose LAU: (Translation)

That this Council urges that in promoting reforms of the securities and futures markets, the Government must be impartial and open-minded, face up to the worries of the industry, encourage the industry to participate in discussions on the reforms, seek consensus among various sectors of the community, promote the steady development of the financial market, as well as create a favourable investment environment and more opportunities for investors in the future new Exchange; furthermore, in keeping with the trends in the international financial markets, the Government should also formulate comprehensive and long-term development strategies with a view to enhancing the competitiveness of Hong Kong's financial services industry internationally.

Amendment to Hon Ambrose LAU's motion

Hon SIN Chung-kai: (Translation)

To add "supports the merging, demutualization and listing of the exchanges and clearing houses in order to enable Hong Kong's financial market to operate more effectively and be better positioned to respond to competition globally; in this regard, this Council" after "That this Council"; to delete "that in promoting reforms of the securities and futures markets," after "urges"; to delete "must be impartial and open-minded, face up to the worries of the industry, encourage the industry to participate in discussions on the reforms, seek consensus among various sectors of the community, promote the steady development of the financial market, as well as create a favourable investment environment and more opportunities for investors in the future" after "the Government" and substitute with "to expeditiously put forward concrete proposals for the organization and structure of the"; to add ", the organization of the regulatory body and the demarcation of authorities and responsibilities between the two institutions, as well as to consult the public on these proposals" after "new Exchange"; to delete "in keeping with the trends in the international financial markets," after "furthermore," and substitute with "this Council urges"; and to delete "should also formulate comprehensive and long-term development strategies with a view to enhancing the competitiveness of Hong Kong's financial services industry internationally" after "the Government" and substitute with "to adopt measures to perfect the reforms of the securities and futures markets, including: (a) increasing its investment in information technology (IT) and improving the IT infrastructure to cater for the development of internet trading and scripless market; (b) developing statutory regulations with emphasis on the disclosure of information, which should include requirements for additional information disclosure and the setting up of an electronic filing system; and (c) enhancing the education and protection of minority shareholders and investors".